What Happens When More Than One Person is at Fault for an Accident?

We live in a world full of moving parts where multiple things are happening at once. When something goes wrong, very often, many different factors combine to cause the problem. If you slip and fall, for instance, your fall could be due to many different reasons—the floor was slippery because someone spilled something and didn’t wipe it up well, you had to step in the slippery spot because someone else left a box in the middle of the aisle, and you didn’t notice the floor was shiny in that spot because you were reading a sign on the shelf above it. In that case, at least three different factors caused your fall, and there could have been others as well.

Who’s liable in that type of situation? At least three different people contributed to the cause of the accident. If you were hurt, are the other two people responsible for your medical bills and other losses?

When more than one person is at fault for a car accident or another incident that causes injuries, the situation can get very complicated. It is a good idea to start working with an experienced accident attorney as soon as possible because it will be very important to collect evidence to establish liability and to prevent mistakes that could cause you to be blamed for things that weren’t your fault. Here are some general principles to keep in mind.

Investigation is Critical

No matter how severely you’ve been injured in an accident, you won’t be able to recover full compensation unless you are able to prove that someone else’s irresponsible actions caused your injuries. It is extremely rare for someone to freely admit they were at fault for causing an accident, and even if they do, their insurance company will still work to deny liability in some way. So you need evidence to show what happened to cause the accident, how someone was irresponsible, and how their irresponsible behavior led to your injuries.

Often, the most effective evidence can only be found soon after the accident. The more time that passes, the weaker the evidence can become. Evidence that could show what happened in the time before and during the accident includes:

• Photos of skid marks showing braking patterns of the vehicles involved
• Footage from traffic cameras and security cameras
• Statements from witnesses who saw what happened
• Damage to vehicles and nearby property
• Photos showing how the accident scene looked, including signs and plants or other objects that could have obstructed visibility

A dedicated accident attorney will often bring in an accident reconstruction expert who can put all the evidence together to demonstrate how the actions of each person contributed to the cause of the collision. But if you wait too long to collect evidence, the camera footage could be recorded over, the skid marks could fade away, and the memories of witnesses will be less reliable. It is important to gather and preserve evidence as soon as possible, and an attorney can assist in the process.

A Lawsuit Can Have Multiple Defendants

If the actions of more than one person caused your injuries, you don’t have to decide which person to sue or file multiple lawsuits. You can name many defendants in one case, although it is important to have evidence and solid arguments to establish liability for each party you name. For instance, in an accident case where a truck did not stop in time to avoid hitting you, you might sue:

• The company responsible for truck maintenance because they failed to fix the brakes properly
• The company that loaded the truck because they didn’t balance the load properly
• The truck driver for looking at a cell phone instead of traffic ahead

In addition, you may be able to sue the company that hired the driver as being responsible for the driver’s actions or responsible for not training the driver correctly. The court will review the evidence and determine whether all the parties named should be held responsible, and then it will divide liability among the parties.

When the Victim is at Fault for Causing the Accident

Very often, the person who is injured in an accident also took some actions that contributed to the cause of the accident. For instance, a passenger injured in an Uber accident may have done something that distracted the rideshare driver. Georgia has a statute to deal with this type of situation. Section 51-12-33 of the Georgia Code specifies that when the person seeking compensation for their injuries is partially responsible for causing those injuries, the court should determine that person’s percentage of fault and then apply that percentage to the award of damages. If the person seeking compensation (in other words, the person bringing the lawsuit) is 50% or more at fault, then they are not allowed to recover anything. If that person’s share of fault is less than 50%, then the amount of compensation they receive will be reduced by a percentage equal to their share of fault.

So, in the fictional Uber accident example, if the court found that the passenger was 10% at fault for distracting the driver and the court had determined that the value of the passenger’s claim was $50,000, then that award would be reduced by 10%, which is $5,000. The passenger would receive $45,000 instead of $50,000 to account for their share of responsibility for causing the accident.

Michael M. Day Works to Hold All Responsible Parties Accountable After an Accident

It takes more effort to investigate to determine all of the parties who could be held legally liable for an accident, but doing so can ensure that an accident victim is able to receive full and fair compensation for their losses. At Michael M. Day Law Firm, LLC, we are dedicated to fighting for our client’s best recovery, and that means standing up to corporate lawyers and insurance companies to hold everyone responsible for their actions. If you’ve been hurt in a complex action and are not sure who is at fault, we invite you to call us at 404-480-4284 or contact us online to schedule a free case evaluation and consultation. We may be able to help you recover the compensation you need to move forward after your injuries.